Votetracker

Seat belt offenses as primary offenses

As the Legislature began its session, the use of seat belts by Minnesota drivers was under consideration. By law, if a driver doesn't wear a seat belt, he or she can't be stopped by police unless there is another violation. Under legislation being considered, not wearing a seat belt would be a "primary offense," in the same manner as speeding. Police officers would be allowed to stop and ticket drivers if they see them not wearing a seat belt.

The issue came before the Senate, meeting as the Committee of the Whole, and considering the transportation policy omnibus bill. Sen. David Tomassoni attempted to amend the provision out of the bill. The attempt failed on a 23-to-40 vote. The roll call below reflects the lawmaker's position on the issue. A lawmaker indicated as being "for" seat belt offenses as primary offenses voted "no" on Tomassoni's amendment.

At the author's request, the bill was amended to create an effective date of June 9, 2007, increase the fine from $20 to $25, and designate how funds from the fine will be distributed. The bill was recommended to pass as amended and re-referred to the Committee on Finance.

Under present law, Minnesota drivers cannot be stopped by law enforcement officials for not wearing a seatbelt. If they are stopped for another offense, and are not wearing a seat belt, they can be ticketed. Under the legislation, proposed by Senators Steve Murphy, Mee Moua, Leo Foley, Dave Senjem and Tarryl Clark, the seat belt infraction would become a "primary" offense. Police officers would be able to stop and ticket drivers for not wearing a seat belt.